Section 45 Transit procedure

(1) If it appears that the transit is permissible, the person pursued is kept under arrest to secure the transit.

(2) Such arrest is ordered by way of written arrest warrant (warrant of arrest pending transit) issued by the higher regional court. Sections 17 (2) and 30 (1) apply accordingly.

(3) Such transit may only be authorised if a warrant of arrest pending transit has been issued.

(4) The warrant of arrest pending transit must be disclosed to the person pursued without delay after that person’s arrival in the area of application of this Act. The person pursued is given a copy.

(5) If it is likely that the transit cannot be completed by the end of the day following the day of his or her transfer, the person pursued is to be brought before the judge at the nearest local court without delay, but no later than the day after he or she arrives in the area of application of this Act. The judge at the local court hears persons pursued about their personal circumstances, in particular nationality. The judge must draw their attention to the right to avail themselves of the services of legal counsel (section 40) at any stage of the proceedings and to the fact that they are free to either make a statement or not make a statement regarding the offence of which they are accused. The judge then asks whether and, if so, for what reasons they wish to object to the warrant of arrest pending transit or to the permissibility of the transit. If a person pursued raises objections which are not manifestly unfounded or if the judge at the local court has doubts about continuing that person’s detention or about the permissibility of the transit, then the judge without delay and by expeditious means notifies the public prosecution office at the higher regional court thereof. The public prosecution office is then responsible for ensuring that the higher regional court gives a decision without delay.

(6) Sections 24 and 27, section 33 (1), (2) and (4), and section 42 apply accordingly, as does section 26 (1), with the proviso that instead of a time limit of two months a time limit of one month applies. Section 40 applies accordingly, with the proviso that mandatory assistance of legal counsel is only required if the conditions of section 40 (3) are met.

(7) Any property taken on during transit may be surrendered without a special request at the same time as the person pursued’s transfer.

Part 3 Transit

§ 37 Transit Proceedings
(relating to Article 89 para. 3(c) of the Rome Statute)

(1) If the transit appears to be permissible, the suspect will be detained to ensure it.
(2) The detention will be ordered via a written arrest warrant (Durchbeförderungshaftbefehl) of the Higher Regional Court. § 12 para. 2, § 20 para. 2 apply mutatis mutandis.
(3) Transit shall only be approved when an arrest warrant for transit has been issued.
(4) The suspect shall be informed of the arrest warrant for transit promptly upon his entry into Germany. The suspect shall receive a copy.
(5) If it appears that the transit cannot be completed by the end of the day following the surrender, the suspect shall promptly, at the latest the day after his entry into Germany, be brought before a judge of the next District Court. The judge of the District Court shall examine him regarding his personal circumstances, in particular, regarding his citizenship. He shall inform him that at each stage of the proceedings he may use legal assistance and that it is up to him whether or not to make statements regarding the criminal act he is accused of committing. He shall then question him whether and, if necessary, upon which grounds he seeks to raise objections to the arrest warrant for transit or to the permissibility of the transit; § 14 para. 5 and § 16 apply mutatis mutandis.
(6) § 12 para. 3, §§ 18, 23 para. 1, 2, and 5, and § 33 apply mutatis mutandis. §17 applies with the exception that instead of a two month deadline, a one month deadline shall apply. § 31 applies with the exception that legal assistance shall be ordered when:
1. because of the difficulty of the factual or legal situation the involvement of legal assistance seems advisable, or
2. it is obvious that the suspect is incapable of sufficiently protecting his rights.
(7) Objects that were taken in regard to the transit may be surrendered concurrently with the surrender of the suspect without a specific request.